All-Pure Chemical Co. V. White

UTTER, J*fn1a .--All-Pure Chemical Co. and All-Pure Chemical Northwest, Inc., appeal the decision of the Court of Appeals which affirmed the dismissal of All-Pure's contribution action against Louise White, d/b/a Pools Unlimited. The Court of Appeals found that the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136, preempt state tort liability arising from a failure to warn, thereby defeating the contribution action against White. For the reasons set out below, we agree with the Court of Appeals that FIFRA's preemption clause expressly preempts state tort claims based on a failure to warn. We therefore affirm the dismissal of All-Pure's contribution action against White.